Bill Text: NY A01236 | 2021-2022 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Expands the rights of nursing employees to express breast milk.

Spectrum: Slight Partisan Bill (Democrat 12-4)

Status: (Introduced - Dead) 2022-05-03 - substituted by s4844b [A01236 Detail]

Download: New_York-2021-A01236-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1236

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     January 7, 2021
                                       ___________

        Introduced  by  M. of A. PAULIN, JOYNER, GOTTFRIED, CRUZ, SIMON, BARRON,
          EPSTEIN, HYNDMAN, McMAHON, NIOU, SAYEGH, MORINELLO,  ASHBY,  McDONOUGH
          --  Multi-Sponsored  by -- M. of A. TAGUE -- read once and referred to
          the Committee on Labor

        AN ACT to amend the labor law, in relation to expanding  the  rights  of
          nursing mothers to express breast milk

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 206-c of the labor law, as added by chapter 574  of
     2  the laws of 2007, is amended to read as follows:
     3    §  206-c.  Right  of  nursing  mothers  to  express breast milk. 1. An
     4  employer shall provide reasonable unpaid break time or permit an employ-
     5  ee to use paid break time or meal time [each day] to allow  an  employee
     6  to express breast milk for her nursing child each time such employee has
     7  reasonable  need  to express breast milk for up to three years following
     8  child birth. [The employer shall make reasonable efforts  to  provide  a
     9  room  or  other  location, in close proximity to the work area, where an
    10  employee can express milk in privacy.] No employer shall discriminate in
    11  any way against an employee who chooses to express breast  milk  in  the
    12  work place.
    13    2.  (a) Upon request of an employee who chooses to express breast milk
    14  in the workplace, an employer shall designate a room or  other  location
    15  which shall be made available for use by such employee to express breast
    16  milk.  If the sole purpose or function of such room or other location is
    17  not dedicated for use by employees to express breast milk, such room  or
    18  other  location  shall be made available to such an employee when needed
    19  and shall not be used for any other purpose or function while in use  by
    20  such  employee.  Employers shall provide notice to all employees as soon
    21  as practicable when such room or other location has been designated  for
    22  use by employees to express breast milk.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02122-01-1
        A. 1236                             2

     1    (b)  Such  room or other location shall be a place, other than a bath-
     2  room that is: (i) in close proximity to the  work  area;  (ii)  shielded
     3  from view; and (iii) free from intrusion from other persons in the work-
     4  place or the public. Such room or other location shall provide, at mini-
     5  mum,  a chair, a working surface, nearby access to running water and, if
     6  the workplace is supplied with electricity, an electrical outlet.
     7    3. Where compliance with the requirements of subdivision two  of  this
     8  section  is  impracticable  because it would impose an undue hardship on
     9  the employer by causing significant difficulty or expense  when  consid-
    10  ered  in relation to the size, financial resources, nature, or structure
    11  of the employer's business, such employer shall make reasonable  efforts
    12  to  provide  a  room  or  other location, in close proximity to the work
    13  area, where an employee can  express  breast milk in privacy.  Provided,
    14  however,  nothing in this subdivision shall otherwise exempt an employer
    15  from the requirements of subdivision one of this section.
    16    4. Employers shall develop and implement a  written  policy  regarding
    17  the  rights  of  nursing mothers to express breast milk in the workplace
    18  pursuant to the  provisions  of  this  section.  Such  policy  shall  be
    19  distributed  to  each  employee  upon hire and annually thereafter. Such
    20  policy shall:
    21    (a) Inform employees of their rights pursuant to this section;
    22    (b) Specify the means by which a  request  may  be  submitted  to  the
    23  employer  for  a  room or other location for use by employees to express
    24  breast milk; and
    25    (c) Require the employer to respond to such request within  a  reason-
    26  able timeframe, but not to exceed five business days.
    27    § 2. This act shall take effect on the one hundred eightieth day after
    28  it shall have become a law.